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Professional Compensation/Fees

Judge Ambro Explains the Primacy of Section 327(a) over State Ethics Rules

Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.

3rd Circuit

Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

8th Circuit
Minnesota

In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says

Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.

9th Circuit
Tuesday, May 24, 2022
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Professional Compensation/Fees
Business Reorganization
Mass Torts
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The Benefits and Ethical Concerns of Nonlawyer Fee-Sharing

July 2022

Topic Tags
Ethics
Professional Compensation/Fees
Consumer Bankruptcy

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

2nd Circuit
Tuesday, May 17, 2022
Article Tags
Corporate Governance
Court Administration
Creditors' Committee
Professional Compensation/Fees
Business Reorganization
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Denial of Receipt by Itself Won’t Defeat the ‘Mailbox Presumption,’ District Judge Says

Special counsel unfamiliar with bankruptcy procedures weren’t excused from the requirement to file a final fee application by the deadline.

10th Circuit
Colorado

How and Why We Avoid Conflicts of Interest: The Relevance of Conflict Checks in Turnaround Work

From its inception, the National Ethics Task Force [1] was charged with answering the question of whether there is a need for national ethics rules, standards and general practice guidance in the bankruptcy context.

Uncommon and Controversial, Are Post-Petition Retainers Authorized Under the Bankruptcy Code?

Bankruptcy courts have not always favored post-petition retainers to debtor’s counsel. [1] But does the Bankruptcy Code prohibit them? That is exactly the question Judge David D. Cleary answered in In re Golden Fleece Beverages Inc., in which he held that the Code indeed supports post-petition retainers. [2]

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